Coronavirus (COVID 19) has serious implications for health and safety in the workplace and some potential openings for litigation for the unwary. Our employment law courses cover all the latest key issues including:
- Health and safety: Refusal to attend dangerous workplace.
- Health and safety duties towards pregnant workers
Health and safety: Refusal to attend dangerous workplace.
Employees are required to obey their employer’s reasonable instructions. However, employees are protected against detriment or dismissal where, in “circumstances of danger” that they reasonably believe to be “serious and imminent“, they leave their workplace or refuse to return. There must be actual “circumstances of danger” and the employee must also “reasonably believe” that the danger is “serious and imminent”. Coronavirus-related employment tribunal claims for detriment or dismissal following a refusal to attend work are likely to revolve around whether the claimant’s belief in “imminent and serious” danger was reasonable, depending on the safe working practices the employer put in place.
Health and safety duties towards pregnant workers
While employers have a duty to look after the health and safety of every worker, they have additional obligations in relation to pregnant workers. Employers that fail to fulfil these obligations could face pregnancy and maternity discrimination claims. When maintaining safe working practices during the coronavirus pandemic, employers should ensure that:
- the risks to pregnant workers are assessed individually; and
- pregnant workers are consulted about potential adaptations to their role.
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